I. Executive Summary: The
Oyster Lease Fishery consists
of transporting oysters
from reefs found in restricted
waters (i.e. designated
by Texas Department of Health)
and placing them on private
leases in approved waters
long enough that they may
again be harvested/marketed
for consumption. Aside from
conserving a state resource,
making oysters available
that otherwise could not
be used, and minimizing
poaching, this program allows
the fresh oyster market
to extend over most of the
year. Also, it is not clear
that recreational fishermen
taking oysters for personal
use may do so using non-mechanical
means.

This item proposes changes
to the Oyster Lease Fishery
rules that resulted from
a systematic review of 31
TAC Chapter 58 and reflect
changes in the needs of
the fishery.

Currently it is unlawful
to transplant oysters from
restricted waters to a private
lease or subsequently harvest
oysters from a private lease
unless the appropriate permits
have been issued, and the
boundaries of that lease
are clearly marked. Administrative
lead-time that historically
was needed between application
for and issuance of permits
has been significantly reduced
through the use of word
processors. Also, the number
of boats currently allowed
in restricted waters for
oyster transplanting has
been determined traditionally
through an informal consent
arrangement. The informality
was possible because very
few were in this portion
of the fishery, but recently
equitable access to the
resource has become an issue.

Difficulties of enforcing
the current boat allocation
and the cost to the Department
of boundary inspection
prior to permit issuance,
as well as other administrative
issues, were discussed
at a recent Oyster Advisory
Committee Meeting and
this proposal reflects that
discussion. In order to
maintain a reasonable and
equitable allocation of
transplant boats between
leases, an amendment is
proposed that provides
that the department designate
the total number of boats
that may be used for transplanting
and then equitably allocate
those boats among leases.
However, boat allocations
may be voluntarily transferred
between leases as long
as those transfers are completed
before transplanting permits
are issued for those leases.
Application lead-time
is
proposed to be reduced
and the due date of transplant/harvest
reports is clarified.
The department’s
requirement of inspecting
lease boundary markers
monthly is proposed to
be removed because boundary
marking is required by
statute and failing to
mark lease boundaries
is a violation by rule.
Game Wardens would still
be free to inspect those
markers, but inspecting
all lease boundaries prior
to issuing harvest and
transplant permits will
not be required. And finally,
enforcement of permit
conditions would be enhanced
if the permit were available
for inspection on the
vessel during all permitted
activities. The proposal
would create that requirement
and provide for a five-calendar
day cancellation of a
permit for violating this
provision.

Also, it is not clear that
recreational fishermen taking
oysters for personal use
may do so using non-mechanical
means. The proposal clarifies
that issue by specifically
allowing take by non-mechanical
means.

Statewide
Oyster Fishery Proclamation

(a) It is lawful to take
oysters for personal use
by non-mechanical means.

(ab) Gear Restrictions.
It is unlawful while taking
or attempting to take oysters
for personal use to:

(1) use a dredge that
exceeds 14 inches in width;
or

(2) have more than one
dredge connected in any
manner to a winch, chain
or other lifting device
during the open public season;
or

(3) have on board any
dredge(s), other than the
one connected to a winch,
chain, or other lifting
device, unless secured below
deck, to or on the wheelhouse,
or to the deck in such a
manner as to not be readily
accessible for use.

(bc) Possession Limit.
It is unlawful to take or
possess more than two bushels
of legal sized oysters per
person.

(cd) Prohibition of Sale.
It is unlawful to sell oysters
taken without a valid commercial
oyster fishing license.

§58.40 Oyster Transplant
Permits

(a) Oysters for transplanting
to a private oyster lease
may be taken only under
a permit issued by the department.

(b) Oyster Transplant Application.

(1) The application for
a transplant permit must
include the following information:

(A) oyster lease number;
(B) name and address
of the lease holder
and/or that of his designated
agent;
(C) name, if documented,
and/or registration
number of all boats
to be used in transplanting
operations;
(D) as prescribed
in Parks and Wildlife
Code, §76.031,
the quantity of
unculled oysters requested,
and a description
of areas from which
the oysters are requested
to be taken; and(E) a description
of the type, number,
and location of lease
markers; and (F)(E) beginning and
ending dates of transplant
operations.

(2) Written applications
for transplant permits must
be received by the department
ten two days prior to the
beginning of transplanting
operations.

(3) Written applications
for transplant permit amendments
must be received by the
department at least five two days prior to the desired
effective date of the amendment.

(4) No more than four
transplant permits for a
lease will be issued during
a one month period.

(5) No transplant permit
will be issued for an oyster
lease while a harvest permit
for the same lease is in
effect.

(6) Transplant permits
will be issued upon monthly
verification and approval
of lease markers by the
department.

(7)(6) A valid transplant
permit must be on the vessel
during any transplanting
activities.

(8)(7) A transplant permit
will not be issued to any
leaseholder who has not
paid any rental, transfer,
sale, renewal or late penalty
fees that are owed to the
department.

(8) The number of boats
that may be allocated to
a lease for transplanting
oysters shall be based on:

(A) the total number of
boats that the department
determines may be used to
transport oysters during
that specific season, and
(B) the total number of
active leases during that
season.

(9) Boat allocations may
be transferred between leases
so long as those transfers
occur before Private Oyster
Transplant Permits are issued
for those specific leases
and must be identified and
included on the transplant
permit request

(c) Oyster Transplant Season
and Times.

(1) The department shall
establish the oyster transplant
season giving consideration
to information furnished
to the department by leaseholders.

(2) All transplanting
operations shall begin after
sunrise and shall be completed
before sunset each day.

(3) No transplanting will
be permitted on Saturdays,
Sundays, major holidays,
or on the same days that
harvest operations are permitted.

(d) Transplant Restrictions.

(1) Transplanting of oysters
is subject to the conditions
and provisions described
in the permit issued by
the department.

(2) Oysters taken for
the purposes of transplanting
to a private oyster
lease may be taken only
from areas designated
by the department as prescribed
in Parks and Wildlife
Code, §76.033.

(3) Oysters may not normally
be taken for the purpose
of transplanting from the
following areas:

(A) public oyster reefs
in areas approved for oyster
harvest and which have been
subjected to any degree
of oyster fishing in recent
years;

(B) near-shore reefs around
public or private fishing
piers where a conflict of
interest has arisen or might
arise;

(C) reefs or areas in
which the incidence of diseases,
parasites, and/or predators
have been judged potentially
dangerous to the public
reef fishery if the oysters
are transplanted to other
areas; or

(D) areas declared to
be unsuitable for transplanting
by the Texas Department
of Health because of the
presence of persistent chemicals
or diseases that might be
dangerous to public health.

(4) All oysters obtained
under a transplant permit
must be deposited upon the
lease identified in the
permit.

(5) The cargo of oysters
transplanted will consist
of unculled oysters and
shell, unless specified
otherwise.

(6) The permit may require
oysters to be culled on
the reef from which they
are taken if the department
determines that the reef
area may be protected or
improved by such action.

(7) The permit holder
may cull the cargo of oysters
on his oyster lease.

(8) Oysters may be transplanted
only to a private oyster
lease which is properly
marked at all corners.

(9) No oysters may be
transplanted to a lease
adjacent to or adjoining
a lease approved for harvest.

(e) Reporting Requirement.
Weekly transplant reports
must be prepared by the
permittee and submitted
at the end of each week
and supplied to the department
each Monday following
the week of transplant.

§58.50 Oyster Harvest
Permits

(a) Oysters may be harvested
from a private lease only
under a permit issued by
the department.
(b) Oyster Harvest Application.

(1) Written application
for a harvest permit must
be received five two days
prior to the requested harvest
dates and include the following:

(A) the oyster lease number;
(B) the name of the lease
holder and/or that of
his designated agent;
(C) the name and/or registration
number of all boats to be
used in harvesting operations;
and
(D) beginning and ending
dates for the permit.

(2) No more than four
harvest permits for a lease
will be issued during a
one month period.

(3) A harvest permit will
not be valid until 15 days
after expiration of a transplant
permit for the same lease
or leases adjacent thereto
and with approval of the
Texas Department of Health.

(4) Harvest permits will
be issued upon monthly verification
and approval of lease markers
by the department.

(5)(4) A valid harvest
permit must be on the vessel
during any harvesting activities.

(c) Harvest of oysters
from a private lease is
subject to conditions as
provided in the department
issued permit.
(d) Reporting Requirement.
Monthly harvest report forms
must be prepared by the
permittee at the end of
each month and supplied
to the department by the
15th of the month following
the month in which harvest
occurred.
(e) A harvest permit will
not be issued to any leaseholder
who has not paid any rental,
transfer, sale, renewal
or late penalty fees that
are owed to the department.

§58.60 Transplant
or Harvest Permit Cancellation

(a) Violations of the transplanting
or harvesting procedures
include, but are not limited
to, the following:

(1) harvesting oysters
from areas or leases other
than covered under permit;
(2) harvesting oysters from
restricted or prohibited
areas as designated by the
Texas Department of Health;
(3) transplanting oysters
from unauthorized areas
or to unauthorized leases;
(4) transplanting oysters
without a valid transplanting
permit;
(5) harvesting oysters without
a valid harvesting permit;
(6) transplanting on or
harvesting oysters from
a lease which is not properly
marked;
(7) failure to adhere to
any conditions of the permit;
(8) failure to amend a transplant
or harvest permit to include
additions or deletions of
boats; or
(9) failure to submit weekly
transplant reports or monthly
harvest reports.(10) failure to have a valid
permit on the vessel during
authorized activities.

(b) Violations of paragraphs
(1) and (2) of subsection
(a) of this section, shall
result in a one year cancellation
and withholding of all permits
for the affected leases.

(c) Violations of paragraphs
(3), (4), and (5) of subsection
(a) of this section, shall
result in a 45-calendar-day
cancellation and withholding
of all permits for the affected
leases beginning on the
next approved harvest or
transplant day.

(d) Violations of paragraphs
(6), (7), (8), and (9),
and (10) of subsection (a)
of this section, or the
other provisions in the
permits, shall result in
a 5-calendar-day cancellation
and withholding of all permits
for the affected leases
beginning on the next approved
harvest or transplant day.

(e) In the event a transplant
or harvest permit is canceled,
the lease holder may appeal
to the executive director
within five days, stating,
in writing, why the permit
should be reinstated.

II.
DISCUSSION: Responsibility
for establishing places,
seasons, bag limits, and
means and methods for taking
wildlife resources is delegated
to the Texas Parks and Wildlife
Commission under Parks and
Wildlife Code, Chapter 61.
The potential changes to
the Statewide Hunting and
Fishing Proclamation (located
at Exhibit A) are based
on public comment and staff
recommendations, and incorporate
statutory requirements that
include scientific investigation
and required findings of
fact where applicable. The
proposed changes would increase
recreational opportunity,
promote enforcement, and
provide for the sound biological
management of the wildlife
resources of the state.

The amendment to §65.3,
concerning Definitions,
adds a definition for ‘folding
panel trap.’ Current
gear restrictions do not
address the use of folding
panel traps for taking crabs.
The proposed amendment to §65.78
would allow the use of folding
panel traps, and a definition
is needed to describe that
type of gear so that it
may be legally differentiated
from other devices.

The amendment to §65.42,
concerning Deer, consists
of several actions. The
first affects the Late Youth-Only
Season. The late Youth-Only
season was implemented in
2002 to complement the popular
October youth-only season
instituted in 1999 under
the provisions of House
Bill 2542, enacted by the
75th Texas Legislature,
which authorized the commission
to provide special hunting
seasons restricted to persons
less than 17 years of age.
The purpose of the youth-only
seasons is to foster and
encourage youth participation
in hunting activities by
offering special time periods
when mentors can take the
opportunity to introduce
to or instruct youths in
the enjoyment of wildlife
resources without the distractions
of competing seasons or
adult hunters. The exclusivity
of the youth seasons also
serves to promote hunting
activities generally to
those who might be interested
in becoming involved. The
current Late Youth-Only
Season takes place the weekend
following the general open
season in counties that
do not have a late special
season or a late muzzleloader-only
season, and does not apply
to properties for which
Level 3 Managed Lands Deer
permits have been issued.
The bag limit is restricted
to antlerless deer in the
number specified for the
county where the take occurs,
and if there are permit
restrictions in the county
during the general season,
the harvest of antlerless
deer during the late youth-only
season must be by permit.
The proposed change would
alter the late youth-only
season to allow the harvest
of buck deer in all counties
that have an open general
season, and eliminate permit
requirements for the take
of antlerless deer in all
counties except those where
the antlerless harvest during
the general season is by
permit only for the entire
general season. The season
would not be applicable
on properties for which
Level 3 MLD permits have
been issued, because hunters
on those properties are
already able to hunt bucks
and antlerless deer, irrespective
of age, on those dates.
The action is intended to
make the late youth-only
season more consistent with
the early youth-only season
so as to reduce confusion
and encourage greater participation.
Department data indicate
that the cumulative harvest
during the current youth-only
seasons is a negligible
part of the overall deer
harvest and therefore the
proposed changes will not
result in depletion or waste
as defined by parks and
Wildlife Code, §61.005.

The amendment to §65.42
also would implement a four-day
period from Thanksgiving
Day through the Sunday following
Thanksgiving Day during
which antlerless deer could
be taken without a permit
in Brazos, Cherokee, Grimes,
Houston, Madison, and Robertson
counties. Under current
regulations, the take of
antlerless deer in those
counties is by permit only
for the entire general season.
Analysis of deer herd characteristics
indicates a deteriorating
deer herd throughout the
counties in question. The
overall trend during the
past eight years indicates
a slightly-increasing density,
with a dramatic increase
over the past three years.
The sex ratio is greatly
skewed towards the doe segment
of the deer herd and has
remained above 4.9 does
per buck for the past eight
years (stabilized at around
5.6 does per buck for the
last three years). According
to hunter harvest surveys
for the 2002-2003 hunting
season, hunters killed only
1.5 does per 1,000 acres
of deer range in the six
counties, and does comprised
only 37.5% of the harvest.
Breeding chronology records
for the Post Oak ecoregion
show an extremely long breeding
season (second-longest region
in the state at September
28 - January 16), which
is most likely due to a
skewed sex ratio. Dressed
body weight for 2.5 year-old
does has consistently declined
over the past eight years
to well below the 80 pounds
typical for this age/sex
class. Likewise, yearling
buck weights have also declined.
Not only has fawn production
declined over the past eight
years, the values are very
low. Trends in deer herd
characteristics, along with
information obtained from
hunter-harvest surveys,
support the implementation
of additional doe harvest
opportunity. The current
system of allowing general-season
doe harvest with only LAMPS
or MLD permits apparently
is not enough to mitigate
deteriorating deer herd
characteristics. Increased
doe harvest during the general
season is needed to reduce
the impact of the deer herd
upon the habitat, improve
the sex ratio, improve fawning
success, and shorten the
breeding season. The improved
habitat resulting from this
change should improve herd
health by improving the
quantity, quality, and diversity
of food resources. Additionally,
harvest pressure on yearling
and 2.5 year old bucks should
potentially decrease by
redirecting some of the
harvest towards does. In
addition to improving biological
parameters, addition of
doe days to the proposed
counties would increase
hunter opportunity with
no detriment to the resource
for an area that has seen
a 25% and 23% decrease in
number of hunters and hunter
days, respectively, over
the past 10 years. Based
on the supporting data,
the proposed changes will
not result in depletion
or waste as defined by Parks
and Wildlife Code, §61.005.

The amendment to §65.60,
concerning Pheasant; Open
seasons, Bag, and Possession
Limits, reinstates an opening
date of the first Saturday
in December in Armstrong,
Bailey, Briscoe, Carson,
Castro, Childress, Cochran,
Collingsworth, Cottle, Crosby,
Dallam, Deaf Smith, Donley,
Floyd, Gray, Hale, Hall,
Hansford, Hartley, Hemphill,
Hockley, Hutchinson, Lamb,
Lipscomb, Lubbock, Moore,
Motley, Ochiltree, Oldham,
Parmer, Potter, Randall,
Roberts, Sherman, Swisher,
Wheeler, and Wilbarger counties.
In April of 2003, the commission
established an opening day
of the first Saturday in
December for those counties;
however, the Outdoor Annual,
a publication that is the
principal source of hunter
and angler information in
the state, erroneously listed
the opening day as the second
Saturday in December. Rather
than cause confusion amongst
hunters and landowners,
the commission in August
of 2003 established the
opening date as the second
Saturday in order to be
consistent. The opening
date is now being moved
to the date originally adopted
in April of 2003 to reflect
the original rulemaking.

The amendment to §65.64,
concerning Turkey, would
open a fall season for Rio
Grande turkey in Denton
and Johnson counties, a
spring season for Eastern
turkey in Hardin and Liberty
counties, make the open
spring season for Eastern
turkey effective for the
entire county in Montgomery
and Tyler counties (each
of which under current regulations
enjoys a spring season for
eastern turkey in only a
portion of the county),
and extends the spring season
for Eastern turkey to run
from April 1 through April
30 of each year in all counties
with a spring season for
eastern turkey.

Rio Grande turkey habitat
in Denton and Johnson counties
is confined to riparian
areas, which is also where
turkey habitat occurs in
adjoining counties. Fall
turkey harvest data for
surrounding counties indicate
harvest ranges from 0 to
375 turkeys harvested per
county. Since portions of
Denton and Johnson counties
contain amounts of suitable
turkey habitat similar to
the surrounding counties,
the harvest numbers in Denton
and Johnson counties should
be less than or equivalent
to the harvest in surrounding
counties.

Hardin County was stocked
at three sites along the
Big Thicket Corridor. One
site was stocked in 1994
and two sites were stocked
in 2001. The original stocking
was in a remote area and
Hardin County has few cooperators
for the annual statewide
brood survey, so little
data exists regarding the
success of this site. However,
the remaining two sites,
approximately 30 miles from
the original release site,
reported observing scattered
individuals prior to release.
Post-release, groups of
turkeys (5-10 birds, including
juveniles) have been observed
on a regular basis during
the fall of 2001 and 2002.
It is therefore evident
that an established population
exists along the Big Thicket
Corridor. The Big Thicket
Corridor population will
have been protected from
harvest from 4-12 breeding
seasons prior to the opening
of the proposed season and
further protection from
harvest is no longer necessary.
Liberty County was stocked
at two sites along the Trinity
River Corridor in 1999.
The Liberty County turkey
population, therefore, will
have had six breeding seasons
of protection prior to the
proposed season and further
protection is unnecessary.
The season in Montgomery
County (north of State Hwy.
105) was opened in 2000,
when the season was opened
for the entire Sam Houston
National Forest. The Sam
Houston National Forest
includes lands in Montgomery,
San Jacinto, and Walker
counties. The only two sites
stocked in Montgomery County
exist entirely on private
land south of State Hwy.
105, which were stocked
in 1993. Opening the remainder
of Montgomery County would
simplify regulations, and
after 12 protected breeding
seasons, further protection
is unnecessary. Two areas
in Newton County were stocked
in 2000 under license agreements
that prohibited turkey hunting
within posted areas. Observers
have reported seeing production
every year since the release,
and gobble call counts on
one release site indicated
the presence of a minimum
of 30 different gobblers
during the spring of 2002.
These Newton County sub-populations
will have experienced five
protected breeding seasons
prior to the 2005 spring
season. Further protection
on these properties is unnecessary.
The spring season in Tyler
County (north of U.S. Hwy.
190) was opened during the
2000 season. Tyler County
was last stocked in 1997.
Therefore, continued protection
is unnecessary and opening
the southern half of Tyler
County would expand recreational
opportunity and simply regulations.
Harvest regulations currently
governing eastern turkey
hunting in East Texas are
the most conservative in
the nation. These regulations
allow limited hunting opportunity
as soon as populations are
proven to be established
and are designed not to
interfere with expansion.
The opening date of the
initial Eastern turkey season
in 1995 in Red River County
(the Monday closest to 21
April) was timed to coincide
with the peak median date
of incubation initiation
identified from two previous
Eastern turkey studies in
Jasper and Trinity counties
(Hopkins 1981 and Campo
1983). By selecting this
season structure, all of
the breeding has occurred
prior to the season opening
and gobblers are entering
a second peak in gobbling
activity, coinciding with
a decrease in hen availability.
Significant comments received
from the public concerning
the late starting date and
data from additional eastern
turkey studies (Lopez 1996
and George 1997) justified
moving the starting date
to the Monday closest to
14 April where it has remained
to date. The trend in harvest
occurrence from the check
station data from 1997-2003
indicates that 21% of the
harvest occurs opening day
and 67% occurs within the
first week. Since the chronology
of spring green-up in East
Texas varies greatly from
north to south and the season
is only 14 days long, it
is probable that hunter
satisfaction and success
is impacted by the timing
of the season. When peak
incubation occurs later
than April 14, the season
starts during the period
of peak breeding, when gobblers
are not as vocal or vulnerable
to hunters. Hunting pressure
further decreases gobbling
activity and vulnerability
as the season progresses.
Based on these data, the
proposed season length expansion
is not expected to exert
a negative effect on the
population, but will significantly
increase hunter opportunity.
Age structure is also not
expected to change significantly
and jake harvest may actually
show a decline over time
as hunters become more experienced.
With a one-bird bag limit
and a 30-day season, experienced
hunters are more likely
to be selective. The expected
benefits of the season expansion
are an increase in hunter
satisfaction and participation.
Spring turkey hunting has
never been shown to negatively
impact breeding activity
or associated reproductive
success. Therefore, a season
opening April 1and continuing
through April 30 will provide
hunting access to turkey
populations throughout the
peak periods of gobbling
activity, which should increase
hunter satisfaction and
success. On public lands,
the season expansion should
also increase hunter satisfaction
by distributing hunting
pressure more evenly throughout
the season and decreasing
hunter interference rates.
A longer season may also
be more attractive to potential
turkey hunters who have
not participated thus far.

The change to §65.71,
concerning Reservoir Boundaries,
would alter the current
definitions for Lake O’the
Pines (Camp, Marion, Morris,
and Upshur counties) and
Pat Mayse Reservoir (Lamar
County) to exclude tailrace
waters. The new boundary
for Lake O’the Pines
would comprise the impounded
waters of Big Cypress Creek
from Ferrell’s Bridge
Dam upstream to U.S. Hwy
259 bridge The new boundary
for Pat Mayse Reservoir
would comprise all impounded
waters of Sanders Creek
from Pat Mayse Reservoir
Dam upstream to County Road
35610. The proposed changes
to §65.72 would make
the bag and possession limits
on each of these two reservoirs
identical to the limits
in downstream waters. The
original purpose of the
reservoir definition (i.e.,
the inclusion of downstream
waters for the applicability
of limits) was to prevent
problematic enforcement
situations relating to differential
harvest regulations. Unscrupulous
persons in possession of
fish in excess of limits
were claiming to have caught
the fish in nearby waters
where the limits were different.
The equalization of limits
therefore make the current
boundary definitions unnecessary.
However, on Lake Murvaul
(Panola County), the problem
has occurred frequently
enough that a boundary definition
is considered necessary.
The proposed amendment would
define Lake Murvaul as all
impounded waters of Murvaul
Bayou Creek upstream from
the Lake Murvaul dam and
Murvaul Bayou Creek downstream
from the dam to Farm to
Market Road 1970 bridge.

The change to §65.72,
concerning Fish, consists
of several actions that
affect both fresh and salt
water regulations, as follow.

Current harvest regulations
for largemouth bass on San
Augustine City Lake consist
of an 18-inch minimum length
limit and a five fish daily
bag limit (in place since
1990).The proposed amendment
would implement a 14-18
inch slot length limit,
and the five fish daily
bag would be retained. Changing
the length limit to a 14-18
inch slot should enhance
harvest opportunities that,
for the most part, currently
do not exist. The bass population
structure is dominated by
fish that are smaller than
14 inches in length. Local
anglers have expressed a
desire to harvest these
small bass. This should
be beneficial to the population
as intraspecific competition
would be decreased and may
lead to an increase in the
bass growth rates.

A new reservoir in Travis
County, Lake Pflugerville,
is scheduled to open to
angling in 2005. The proposed
amendment would implement
an 18-inch minimum length
limit and five fish daily
bag for largemouth bass,
and angling methods would
be restricted to pole and
line angling only. Protecting
largemouth bass to 18 inches
on this small impoundment
should protect 14-18 inch
bass from over harvest when
the park is opened to the
public. This will prevent
a decrease in the quality
of the fishery. Restricting
gear to pole and line only
will increase angler opportunity
for channel catfish by preventing
possible over harvest with
other fishing methods such
as trotlines or juglines.

Current harvest regulations
for community fishing lakes
(CFLs—impoundments
of less than 75 acres and
all impoundments regardless
of size totally within a
state park) consist of a
12-inch minimum length limit
on channel and blue catfish
with a five-fish daily bag
limit (the statewide standard
regulation is 25 fish).
The proposed amendment would
eliminate the length limit
for catfish and retain the
five-fish daily bag limit.
The management goal for
small-lake fisheries such
as CFLs is to provide quality
angling opportunities for
anglers who cannot or choose
not to go to the many large
reservoirs located around
Texas. Removing the length
limit for catfish will help
promote angling to novice
or infrequent anglers who
are unfamiliar with harvest
regulations.

The current harvest regulations
for white bass and white/striped
bass hybrids on Lake O’the
Pines (Camp, Marion, Morris,
and Upshur counties) and
Pat Mayse Reservoir (Lamar
County) consist of a 10-inch
minimum length and 25 daily
bag limit (both species
combined), of which only
five may be 18 inches or
longer. The proposed amendment
would implement the statewide
standard regulations for
both species (10-inch minimum
length limit and 25-fish
daily bag limit for white
bass and an 18-inch minimum
length limit and five-fish
daily bag for white/striped
bass hybrids). The changes
will have no effect on the
population or fisheries
of either species. Angling
pressure for hybrids in
both reservoirs was not
sufficient to impact the
population structure of
hybrid striped bass. Abundance
of hybrid striped bass has
declined in these populations
due to the absence of stocking,
and hybrids no longer constitutes
a viable fishery in either
reservoir. The change will
also make the fishing regulations
for Pat Mayse and Lake O’the
Pines reservoirs consistent
with those of other reservoirs
in the area.

The amendment to §65.72
also would allow the use
of minnow traps in salt
water. The department has
determined that the use
of minnow traps in salt
water, under the same restrictions
governing the use of minnow
traps in freshwater, will
not adversely affect any
populations of marine organisms,
primarily due to the small
size and relative inefficiency
of such devices, especially
when restricted to nongame
species only.

The amendment to §65.78,
concerning Crabs and Ghost
Shrimp, would allow the
use of certain folding panel-type
traps to take crabs. Current
gear restrictions do not
address the use of folding
panel traps, which are similar
in effect and efficiency
to hoop-type traps that
are designated as lawful
devices. To prevent angler
confusion, the department
proposes to allow the use
of folding panel traps,
provided the maximum volume
of the trap does not exceed
that prescribed for the
hoop-type traps.

The amendment to §65.82,
concerning Other Aquatic
Life, would allow the take
by hand of aquatic life
the take of which is not
specifically addressed by
the other provisions of
the subchapter, except for
threatened or endangered
species. The action is taken
in order to allow persons
to take by hand such organisms
as they may encounter, and
the department has determined
that such take will not
result in depletion or waste
because of the limited success
of hand take and the overall
minuscule impact that hand
take would have on marine
life.

2. Fiscal Note.

Robert Macdonald, regulations
coordinator, has determined
that for each of the first
five years the rules as
proposed are in effect,
there will be no fiscal
implications to state and
local governments as a result
of enforcing or administering
the rule.

3. Public Benefit/Cost
Note.

Mr. Macdonald also has
determined that for each
of the first five years
the rules as proposed are
in effect:

(A) The public benefit
anticipated as a result
of enforcing or administering
the rules as proposed
will be the dispensation
of the agency’s statutory
duty to protect and conserve
the wildlife resources of
this state, the duty to
equitably distribute opportunity
for the enjoyment of those
resources among the citizens,
and the execution of the
commission’s policy
to maximize recreational
opportunity within the
precepts of sound biological
management practices.

(B) There will be economic
costs for persons required
to comply with the rules
as proposed. The amendment
to §65.72(c)(5)(H)
will require each perch
trap to be equipped
with a degradable panel.
In each case the cost
of compliance per device
is less than $1. There
are no other economic
costs for persons required
to comply with the rules
as proposed. The agency
has determined that
there will be no adverse
economic impacts to
small businesses or
microbusinesses as a
result of the rules
as proposed.

(C) The department has
not drafted a local
employment impact statement
under the provisions of
Government Code, §2001.022,
as the agency has determined
that the rules as proposed
will not impact local
economies.

(D) The department has
determined that there will
not be a taking of private
real property, as defined
by Government Code, Chapter
2007, as a result of the
proposed rules.

(E) The department has
determined that the
proposed rules are not
major environmental rules
as defined by Government
Code, §2001.0225.

The amendments are proposed
under the authority of Parks
and Wildlife Code, Chapter
61, Uniform Wildlife Regulatory
Act (Wildlife Conservation
Act of 1983), which provides
the commission with authority
to regulate the periods
of time when it is lawful
to hunt, take, or possess
game animals, game birds,
or aquatic animal life and
the means, methods, and
places in which it is lawful
to hunt, take, or possess
game animals, game birds,
or aquatic animal life

The proposed amendments
affect Parks and Wildlife
Code, Chapter 61.

§65.3. Definitions.
The following words and
terms, when used in this
chapter, shall have the
following meanings, unless
the context clearly indicates
otherwise. All other words
and terms in this chapter
shall have the meanings
assigned in the Texas Parks
and Wildlife Code.

(1) Agent--A person
authorized by a landowner
to act on behalf of the
landowner. For the purposes
of this chapter, the use
of the term "landowner" also
includes the landowner's
agent.

(2) Annual bag limit--The
quantity of a species of
a wildlife resource that
may be taken from September
1 of one year to August
31 of the following year.

(3) Antlerless deer--A
deer having no hardened
antler protruding through
the skin.

(4) Antler point--A projection
that extends at least one
inch from the edge of a
main beam or another tine.
The tip of a main beam is
also a point.

(5) Artificial lure--Any
lure (including flies) with
hook or hooks attached that
is man-made and is used
as a bait while fishing.

(6) Bait--Something used
to lure any wildlife resource.

(7) Baited area--Any area
where minerals, vegetative
material or any other food
substances are placed so
as to lure a wildlife resource
to, on, or over that area.

(9) Buck deer--A deer
having a hardened antler
protruding through the skin.

(10) Cast net--A net which
can be hand-thrown over
an area.

(11) Coastal waters boundary--All
public waters east and south
of the following boundary
are considered coastal waters:
Beginning at the International
Toll Bridge in Brownsville,
thence northward along U.S.
Highway 77 to the junction
of Paredes Lines Road (F.M.
Road 1847) in Brownsville,
thence northward along F.M.
Road 1847 to the junction
of F.M. Road 106 east of
Rio Hondo, thence westward
along F.M. Road 106 to the
junction of F.M. Road 508
in Rio Hondo, thence northward
along F.M. Road 508 to the
junction of F.M. Road 1420,
thence northward along F.M.
Road 1420 to the junction
of State Highway 186 east
of Raymondville, thence
westward along State Highway
186 to the junction of U.S.
Highway 77 near Raymondville,
thence northward along U.S.
Highway 77 to the junction
of the Aransas River south
of Woodsboro, thence eastward
along the south shore of
the Aransas River to the
junction of the Aransas
River Road at the Bonnie
View boat ramp; thence northward
along the Aransas River
Road to the junction of
F.M. Road 629; thence northward
along F.M. Road 629 to the
junction of F.M. Road 136;
thence eastward along F.M.
Road 136 to the junction
of F.M. Road 2678; then
northward along F.M. Road
2678 to the junction of
F.M. Road 774 in Refugio,
thence eastward along F.M.
Road 774 to the junction
of State Highway 35 south
of Tivoli, thence northward
along State Highway 35 to
the junction of State Highway
185 between Bloomington
and Seadrift, thence northwestward
along State Highway 185
to the junction of F.M.
Road 616 in Bloomington,
thence northeastward along
F.M. Road 616 to the junction
of State Highway 35 east
of Blessing, thence southward
along State Highway 35 to
the junction of F.M. Road
521 north of Palacios, thence
northeastward along F.M.
Road 521 to the junction
of State Highway 36 south
of Brazoria, thence southward
along State Highway 36 to
the junction of F.M. Road
2004, thence northward along
F.M. Road 2004 to the junction
of Interstate Highway 45
between Dickinson and La
Marque, thence northwestward
along Interstate Highway
45 to the junction of Interstate
Highway 610 in Houston,
thence east and northward
along Interstate Highway
610 to the junction of Interstate
Highway 10 in Houston, thence
eastward along Interstate
Highway 10 to the junction
of State Highway 73 in Winnie,
thence eastward along State
Highway 73 to the junction
of U.S. Highway 287 in Port
Arthur, thence northwestward
along U.S. Highway 287 to
the junction of Interstate
Highway 10 in Beaumont,
thence eastward along Interstate
Highway 10 to the Louisiana
State Line. The waters of
Spindletop Bayou inland
from the concrete dam at
Russels Landing on Spindletop
Bayou in Jefferson County;
public waters north of the
dam on Lake Anahuac in Chambers
County; the waters of Taylor
Bayou and Big Hill Bayou
inland from the saltwater
locks on Taylor Bayou in
Jefferson County; Lakeview
City Park Lake, West Guth
Park Pond, and Waldron Park
Pond in Nueces County; Galveston
County Reservoir and Galveston
State Park ponds #1-7 in
Galveston County; Lake Burke-Crenshaw
and Lake Nassau in Harris
County; Fort Brown Resaca,
Resaca de la Guerra, Resaca
de la Palma, Resaca de los
Cuates, Resaca de los Fresnos,
Resaca Rancho Viejo, and
Town Resaca in Cameron County;
and Little Chocolate Bayou
Park Ponds #1 and #2 in
Calhoun County are not considered
coastal waters for purposes
of this subchapter.

(12) Community fishing
lake--All public impoundments
75 acres or smaller located
totally within an incorporated
city limits or a public
park, and all impoundments
of any size lying totally
within the boundaries of
a state park.

(13) Crab line--A baited
line with no hook attached.

(14) Daily bag limit--The
quantity of a species of
a wildlife resource that
may be lawfully taken in
one day.

(15) Day--A 24-hour period
of time that begins at midnight
and ends at midnight.

(16) Deer population data--Results
derived from deer population
surveys and/or from systematic
data analysis of density
or herd health indicators,
such as browse surveys or
other scientifically acceptable
data, that function as direct
or indirect indicators of
population density

(17) Dip net--A mesh bag
suspended from a frame attached
to a handle.

(18) Final processing--the
cleaning of a dead wildlife
resource for cooking or
storage purposes.

(B) Non-game fish--All
species not listed as game
fish, except endangered
and threatened fish, which
are defined and regulated
under separate proclamations.

(20) Fishing--Taking or
attempting to take aquatic
animal life by any means.

(21) Fish length--That
straight-line measurement
(while the fish is lying
on its side) from the tip
of the snout (jaw closed)
to the extreme tip of the
tail when the tail is squeezed
together or rotated to produce
the maximum overall length.

(22) Fish species names--The
names of fishes are those
prescribed by the American
Fisheries Society in the
most recent edition of "A
List of Common and Scientific
Names of Fishes of The
United States and Canada."

(23) Fishing guide--a
person who operates a boat
for compensation to accompany
or to transport a person
or persons engaged in fishing
in the water of this state.

(24) Fishing guide deck
hand--a person in the employ
of a fishing guide who assists
in operating a boat for
compensation to accompany
or to transport a person
or persons engaged in fishing
in the water of this state.

(25) Folding
panel trap – a
metallic or non-metallic
mesh trap, the side panels
hinged to fold flat when
not in use, and suspended
in the water by multiple
lines.

(26) Fully automatic firearm--Any
firearm that is capable
of firing more than one
cartridge in succession
by a single function of
the trigger.

(27)[(26)] Gaff--Any hand-held
pole with a hook attached
directly to the pole.

(28)[(27)] Gear tag--A
tag constructed of material
as durable as the device
to which it is attached.
The gear tag must be legible,
contain the name and address
of the person using the
device, and, except for
saltwater trotlines and
crab traps, the date the
device was set out.

(29)[(28)] Gig--Any hand-held
shaft with single or multiple
points.

(30)[(29)] Jug line--A
fishing line with five or
less hooks tied to a free-floating
device.

(32)[(31)] License year--The
period of time for which
an annual hunting or fishing
license is valid.

(33)[(32)] Muzzleloader--Any
firearm that is loaded only
through the muzzle.

(34)[(33)] Natural bait--A
whole or cut-up portion
of a fish or shellfish or
a whole or cut-up portion
of plant material in its
natural state, provided
that none of these may be
altered beyond cutting into
portions.

(35)[(34)] Permanent residence--One's
principal or ordinary home
or dwelling place. This
does not include a temporary
abode or dwelling such as
a hunting/fishing club,
or any club house, cabin,
tent, or trailer house used
as a hunting/fishing club,
or any hotel, motel, or
rooming house used during
a hunting, fishing, pleasure,
or business trip.

(36)[(35)] Pole and line--A
line with hook, attached
to a pole. This gear includes
rod and reel.

(37)[(36)] Possession
limit--The maximum number
of a wildlife resource that
may be lawfully possessed
at one time.

(38)[(37)] Purse seine
(net)--A net with flotation
on the corkline adequate
to support the net in open
water without touching bottom,
with a rope or wire cable
strung through rings attached
along the bottom edge to
close the bottom of the
net.

(39)[(38)] Sail line--A
type of trotline with one
end of the main line fixed
on the shore, the other
end of the main line attached
to a wind-powered floating
device or sail.

(41)[(40)] Seine--A section
of non-metallic mesh webbing,
the top edge buoyed upwards
by a floatline and the bottom
edge weighted.

(42)[(41)] Silencer or
sound-suppressing device--Any
device that reduces the
normal noise level created
when the firearm is discharged
or fired.

(43)[(42)] Spear--Any
shaft with single or multiple
points, barbed or barbless,
which may be propelled by
any means, but does not
include arrows.

(44)[(43)] Spear gun--Any
hand-operated device designed
and used for propelling
a spear, but does not include
the crossbow.

(45)[(44)] Spike-buck
deer--A buck deer with no
antler having more than
one point.

(46)[(45)] Throwline--A
fishing line with five or
less hooks and with one
end attached to a permanent
fixture. Components of a
throwline may also include
swivels, snaps, rubber and
rigid support structures.

(47)[(46)] Trap--A rigid
device of various designs
and dimensions used to entrap
aquatic life.

(48)[(47)] Trawl--A bag-shaped
net which is dragged along
the bottom or through the
water to catch aquatic life.

(49)[(48)] Trotline--A
nonmetallic main fishing
line with more than five
hooks attached and with
each end attached to a fixture.

(50)[(49)] Umbrella net--A
non-metallic mesh net that
is suspended horizontally
in the water by multiple
lines attached to a rigid
frame.

(51)[(50)] Upper-limb
disability--A permanent
loss of the use of fingers,
hand or arm in a manner
that renders a person incapable
of using a longbow, compound
bow or recurved bow.

(52)[(51)] Wildlife resources--All
game animals, game birds,
and aquatic animal life.

(53)[(52)] Wounded deer--A
deer leaving a blood trail.

§65.42. Deer.

(a) Except as provided
in §65.27 of this title
(relating to Antlerless
and Spike-Buck Deer Control
Permits) or §65.29
of this title (relating
to Bonus Tags), no person
may exceed the annual
bag limit of five white-tailed
deer (no more than three
bucks) and two mule
deer (no more than one
buck).

(b) White-tailed deer.
The open seasons and annual
bag limits for white-tailed
deer shall be as follows.
No person may take more
than two bucks, in the aggregate,
from the counties listed
in paragraphs (1), (2),
and (6) of this subsection.

(1) In Brewster, Culberson,
Jeff Davis, Pecos, Presidio,
Reeves, Terrell, and Upton
(that southeastern portion
located both south of U.S.
Highway 67 and east of State
Highway 349) counties, there
is a general open season.

(A) Open season: first
Saturday in November through
the first Sunday in January.

(B) Bag limit: four deer,
no more than two bucks.

(C) No permit is required
to hunt antlerless deer
unless MLD permits have
been issued for the tract
of land.

(A) Open season: first
Saturday in November through
the first Sunday in January.

(B) Bag limit: five deer,
no more than two bucks.

(C) Special Late General
Season. In the counties
listed in this paragraph
there is a special late
general season for the take
of antlerless and spike-buck
deer only.

(i) Open season: 14 consecutive
days starting the first
Monday following the first
Sunday in January.

(ii) Bag limit: five antlerless
or spike-buck deer in the
aggregate, no more than
two of which may be spike
bucks.

(D) No permit is required
to hunt antlerless deer
unless MLD antlerless permits
have been issued for the
tract of land.

(3) In Aransas, Atascosa,
Bee, Brooks, Calhoun, Cameron,
Dimmit, Duval, Frio, Hidalgo,
Jim Hogg, Jim Wells, Kenedy,
Kinney (south of U.S. Highway
90), Kleberg, LaSalle, Live
Oak, Maverick, McMullen,
Medina (south of U.S. Highway
90), Nueces, Refugio, San
Patricio, Starr, Uvalde
(south of U.S. Highway 90),
Val Verde (that southeastern
portion located both south
of U.S. Highway 90 and east
of Spur 239), Webb, Willacy,
Zapata, and Zavala counties,
there is a general open
season.

(A) Open season: the first
Saturday in November through
the third Sunday in January.

(B) Bag limit: five deer,
no more than three bucks.

(C) Special Late General
Season. In the counties
listed in this paragraph
there is a special late
general season for the take
of antlerless and spike-buck
deer only.

(i) Open season: 14 consecutive
days starting the first
Monday following the third
Sunday in January.

(ii) Bag limit: five antlerless
or spike-buck deer in the
aggregate, no more than
three of which may be spike
bucks.

(D) No permit is required
to hunt antlerless deer
unless MLD antlerless permits
have been issued for the
tract of land.

(4) No person may
take or attempt to take
more than one buck deer
per license year from
the counties (or portions
of counties), in the
aggregate, listed within
this paragraph, except
as provided in subsection
(a) of this section
or authorized under
the provisions of §65.26
of this title (relating
to Managed Land Deer
Permits). For counties
appearing both in this
paragraph and paragraph
(5) of this subsection,
the bag limit is one
buck deer, irrespective
of the portion of the
county in which take
or attempted take occurs.

(A) The following counties
are in the West 1-buck Zone.
In Archer, Baylor, Bosque,
Callahan, Clay, Comanche,
Coryell, Eastland, Erath,
Hamilton, Hood, Jack, Lampasas,
Montague, Palo Pinto, Parker,
Shackelford, Somervell,
Stephens, Taylor, Throckmorton,
Wise, and Young counties,
there is a general open
season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) No permit is required
to hunt antlerless deer
unless MLD antlerless permits
have been issued for the
tract of land.

(B) The following counties
are in the West 1-Buck Zone.
In Armstrong, Borden, Briscoe,
Carson, Crosby, Fisher,
Floyd, Foard, Hall, Hansford,
Hardeman, Hutchinson, Jones,
Knox, Ochiltree, Randall,
Stonewall, Swisher, Wichita,
and Wilbarger counties,
there is a general open
season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) During the first
16 days of the general season,
antlerless deer may be taken
without antlerless deer
permits unless MLD permits
have been issued for the
tract of land. After the
first 16 days, antlerless
deer may be taken only by
MLD antlerless permits.

(C) The following counties
are in the West 1-Buck Zone.
In Childress, Collingsworth,
Cottle, Dickens, Donley,
Garza, Gray, Haskell, Hemphill,
Kent, King, Lipscomb, Motley,
Roberts, Scurry, and Wheeler
counties, there is a general
open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) From opening day
through the Sunday immediately
following Thanksgiving Day,
antlerless deer may be taken
without antlerless deer
permits unless MLD antlerless
permits have been issued
for the tract of land. If
MLD antlerless permits have
been issued, they must be
attached to all antlerless
deer harvested on the tract
of land. From the Monday
following Thanksgiving,
antlerless deer may be taken
only by MLD antlerless permit.

(D) The following counties
are in the West 1-Buck Zone.
In Dallam, Hartley, Moore,
Oldham, Potter, and Sherman
Counties, there is a general
open season.

(i) Open season: Saturday
before Thanksgiving for
16 consecutive days.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) Antlerless deer
may be taken only by MLD
antlerless permits.

(E) The following counties
are in the West 1-Buck Zone.
In Crane, Ector, Loving,
Midland, Upton (that portion
located north of U.S. Highway
67; and that area located
both south of U.S. Highway
67 and west of state highway
349), and Ward counties,
there is a general open
season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) Antlerless deer
may be taken only by MLD
antlerless permits.

(5) No person may
take or attempt to take
more than one buck deer
per license year from
the counties (or portions
of counties), in the
aggregate, listed within
this paragraph, except
as provided in subsection
(a) of this section
or authorized under
the provisions of §65.26
of this title (relating
to Managed Land Deer
Permits). For counties
appearing both in this
paragraph and paragraph
(4) of this subsection,
the bag limit is one
buck deer, irrespective
of the portion of the
county in which take
or attempted take occurs.

(A) The following counties
are in the East 1-Buck Zone.
In Bell (west of IH 35),
Grayson, McLennan, and Williamson
(west of IH 35) counties,
there is a general open
season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) No permit is required
to hunt antlerless deer
unless MLD antlerless permits
have been issued for the
tract of land.

(iv) Special regulation.
In Grayson County:

(I) lawful means are restricted
to lawful archery equipment
and crossbows only, including
MLD properties; and

(II) antlerless deer shall
be taken by MLD permit only,
except on the Hagerman National
Wildlife Refuge.

(B) The following counties
are in the East 1-Buck Zone.
In Brazoria, Fort Bend,
Goliad (south of U.S. Highway
59), Jackson (south of U.S.
Highway 59), Matagorda,
Victoria (south of U.S.
Highway 59), and Wharton
(south of U.S. Highway 59)
counties, there is a general
open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) During the first
23 days of the general season,
antlerless deer may be taken
without antlerless deer
permits unless MLD permits
have been issued for the
tract of land. If MLD permits
have been issued, they must
be attached to all antlerless
deer harvested on the tract
of land. After the first
23 days, antlerless deer
may be taken only by MLD
antlerless permits.

(C) The following counties
are in the East 1-Buck Zone.
In Cooke, Denton, Hill,
Johnson, and Tarrant counties,
there is a general open
season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) During the first
nine days of the general
season, antlerless deer
may be taken without antlerless
deer permits unless MLD
permits have been issued
for the tract of land. After
the first nine days, antlerless
deer may be taken only by
MLD antlerless permits.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) Antlerless deer
may be taken only by MLD
antlerless permits or LAMPS
permits. On National Forest
lands, the take of antlerless
deer shall be by permit
only.

(E) The following counties
are in the East 1-Buck Zone.
In Brazos, Cass, Cherokee,
Gregg, Grimes, Harrison,
Houston,
Madison, Marion,
Nacogdoches, Panola, Robertson,
Rusk, Sabine, San Augustine
and Shelby Counties, there
is a general open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) From Thanksgiving
Day through the Sunday immediately
following Thanksgiving Day,
antlerless deer may be taken
without antlerless deer
permits unless MLD, LAMPS,
or Wildlife Management Area
permits have been issued
for the tract of land. On
National Forest, Corps of
Engineers, and Sabine River
Authority lands, the take
of antlerless deer shall
be by permit only. If MLD
or LAMPS permits have been
issued, they must be attached
to all antlerless deer harvested
on the tract of land. From
the first Saturday in November
through the day before Thanksgiving
Day, and from the Monday
immediately following Thanksgiving
Day through the first Sunday
in January, antlerless deer
may be taken only by MLD
antlerless deer permits
or LAMPS permits.

(F) The following counties
are in the East 1-Buck Zone.
In Austin, Bastrop, Bell
(east of Interstate 35),
Caldwell, Colorado, Comal
(east of Interstate 35),
DeWitt, Ellis, Falls, Fayette,
Goliad (north of U.S. Highway
59), Gonzales, Guadalupe,
Hays (east of Interstate
35), Jackson (north of U.S.
Highway 59), Karnes, Kaufman,
Lavaca, Lee, Milam, Travis
(east of Interstate 35),
Victoria (north of U.S.
Highway 59), Waller, Washington,
Wharton (north of U.S. Highway
59), Williamson (east of
Interstate 35), and Wilson
counties, there is a general
open season.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three
deer, no more than one buck
and no more than two antlerless.

(iii) Antlerless deer
may be taken only by MLD
antlerless permits.

(iv) Special regulation.
Except on properties for
which MLD level II or III
permits have been issued,
no person may take a buck
deer in Austin, Colorado,
Lavaca, Fayette, Lee, and
Washington counties unless
the deer meets one of the
following criteria:

(I) one unbranched antler;

(II) one antler with at
least six antler points;
or

(III) a distance between
the main antler beams of
13 inches or greater.

(6) In Angelina, Chambers,
Hardin, Harris, Jasper,
Jefferson, Liberty, Montgomery,
Newton, Orange, Polk, San
Jacinto, Trinity, Tyler,
and Walker counties, there
is a general open season.

(A) Open season: first
Saturday in November through
the first Sunday in January.

(B) Bag limit: four deer,
no more than two bucks and
no more than two antlerless.

(C) From opening day through
the Sunday immediately following
Thanksgiving, antlerless
deer may be taken without
antlerless deer permits
unless MLD, LAMPS, or Wildlife
Management Area permits
have been issued for the
tract of land. On National
Forest, Corps of Engineers,
Sabine River Authority,
and Trinity River Authority
lands, the take of antlerless
deer shall be by permit
only. If MLD or LAMPS permits
have been issued, they must
be attached to all antlerless
deer harvested on the tract
of land. From the Monday
following Thanksgiving,
antlerless deer may be taken
only by MLD antlerless permits
or LAMPS permits. On tracts
of land for which LAMPS
permits have been issued,
no LAMPS permit is required
for the harvest of antlerless
deer during the archery-only
or muzzleloader-only open
season.

(8) Archery-only open
seasons. In all counties
where there is a general
open season for white-tailed
deer, there is an archery-only
open season during which
either sex of white-tailed
deer may be taken as
provided for in §65.11(2)
and (3) of this title
(relating to Means and
Methods).

(A) Open season: the Saturday
closest to September 30
for 30 consecutive days.

(B) Bag limit: the bag
limit in any given county
is as provided for that
county during the general
open season.

(C) No permit is required
to hunt antlerless deer
unless MLD permits have
been issued for the property.

(9) Muzzleloader-only
open seasons, and bag and
possession limits shall
be as follows.

(A) In Brewster, Culberson,
Jeff Davis, Pecos, Presidio,
Reeves, Terrell, and Upton
(that portion located both
south of U.S. Highway 67
and east of state highway
349) counties, there is
an open season during which
only antlerless and spike-buck
deer may be taken only with
a muzzleloader.

(i) Open Season: from
the first Saturday following
the closing of the general
open season for nine consecutive
days.

(ii) Bag limit: four antlerless
or spike-buck deer in the
aggregate, no more than
two spike bucks.

(B) In Angelina, Chambers,
Hardin, Harris, Jasper,
Jefferson, Liberty, Montgomery,
Newton, Orange, Polk, San
Jacinto, Trinity, Tyler,
and Walker counties, there
is an open season during
which only antlerless and
spike-buck deer may be taken
only with a muzzleloader.

(i) Open Season: from
the first Saturday following
the closing of the general
open season for nine consecutive
days.

(ii) Bag limit: four antlerless
or spike-buck deer in the
aggregate, no more than
two spike bucks and no more
than two antlerless.

(C) No permit is required
to hunt antlerless deer
unless MLD permits or Wildlife
Management Area permits
have been issued for the
property.

(10) Special Youth-Only
Seasons. Except on properties
for which Level III MLD
permits have been issued,
there shall be special youth-only
general hunting seasons
in all counties where there
is a general open season
for white-tailed deer.

(A) early open season:
the Saturday and Sunday
immediately before the first
Saturday in November.

(B) late open season:
the third weekend (Saturday
and Sunday) in January.

(C) [(i)] Bag limits,
provisions for the take
of antlerless deer, and
special requirements in
the individual counties
listed in paragraphs (1)-(6)
of this subsection shall
be as specified for the
first two days of the general
open season in those counties,
except
as provided in subparagraph
(D) of this paragraph [clause
(ii) of this subparagraph].

(D)[(ii)] Provisions for
the take of antlerless deer
in the individual counties
listed in paragraph (5)(E)
of this subsection shall
be as specified in those
counties for the period
of time from Thanksgiving
Day through the Sunday immediately
following Thanksgiving Day.

[(B) late antlerless-only
open season: the third weekend
(Saturday and Sunday) in
January, during which only
antlerless deer may be taken.
The bag limit shall be as
specified for antlerless
deer in the county by paragraphs
(1)-(6) of this subsection.
In counties where the hunting
of antlerless deer is by
permit only during any portion
of the general season, an
antlerless permit is required
for the take of antlerless
deer during the season established
by this subparagraph. This
subparagraph does not apply:]

[(i) in counties where
the general season, special
late season, or muzzleloader-only
season is open; or]

[(ii) on properties for
which Level II or III MLD
permits have been issued.]

(E) [(C)] Licensed [Only
licensed] hunters 16 years
of age or younger may hunt
deer by any
lawful means
[of firearms] during the
seasons [season] established
by subparagraph (A) and
(B) of this paragraph[;
all other deer hunting
shall be by means
of lawful archery
equipment and crossbows
only].

(F) A licensed hunter
16 years of age or younger
may hunt any deer on any
property (including MLD
properties) during the seasons
established by subparagraph
(A) and (B) of this paragraph.

(D) [Only licensed
hunters 16 years
of age or younger
may hunt deer during
the season established
by subparagraph
(B) of this paragraph.]

[(E)] The stamp requirements
of Parks and Wildlife Code,
Chapter 43, Subchapters
I and Q, do not apply during
the seasons established
by this paragraph.

(c) Mule deer. The open
seasons and annual bag limits
for mule deer shall be as
follows.

(C) Antlerless deer may
be taken only by Antlerless
Mule Deer or MLD Permits.

(3) In Andrews (west of
U.S. Highway 385), Bailey,
Cochran, Hockley, Lamb,
Terry, and Yoakum counties,
there is a general open
season.

(A) Open season: Saturday
before Thanksgiving for
nine consecutive days.

(B) Bag limit: two deer,
no more than one buck.

(C) Antlerless deer may
be taken only by Antlerless
Mule Deer or MLD Permits.

(4) In all other counties,
there is no general open
season for mule deer.

(5) Archery-only open
seasons and bag and
possession limits shall
be as follows. During
an archery-only open
season, deer may be
taken only as provided
for in §65.11(2)
and (3) of this title
(relating to Means and
Methods). No antlerless
permit is required unless
MLD antlerless permits
have been issued for
the property.

(i) Open season: first
Saturday in November through
the third Sunday in January.

(ii) Bag limit: four turkeys,
gobblers or bearded hens.

(C) In Kinney (south of
U.S. Highway 90) and Uvalde
(south of U.S. Highway 90),
and Val Verde (in that southeastern
portion located both south
of U.S. Highway 90 and east
of Spur 239) counties, there
is a fall general open season.

(i) Open season: first
Saturday in November through
the third Sunday in January.

(ii) Bag limit: four turkeys,
either sex.

(D) In Brooks, Kenedy,
Kleberg, and Willacy counties,
there is a fall general
open season.

(i) Open season: first
Saturday in November through
the last Sunday in February.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: four turkeys,
either sex.

(2) Archery-only season
and bag limits. In all
counties where there
is a general fall season
for turkey there is
an open season during
which turkey may be
taken only as provided
for in §65.11(2)
and (3) of this title
(relating to Means and
Methods).

(A) Open season: from
the Saturday closest to
September 30 for 30 consecutive
days.

(B) Bag limit: in any
given county, the annual
bag limit is as provided
by this section for the
fall general season in that
county.

(1) Open season: from
April
1 for 30 [the
Monday nearest April
14 for 14]
consecutive days.

(2) Bag limit (both species
combined): one turkey, gobbler
only.

(3) In the counties listed
in this subsection:

(A) it is unlawful to
hunt turkey by any means
other than a shotgun, lawful
archery equipment, or crossbows;

(B) it is unlawful for
any person to take or attempt
to take turkeys by the aid
of baiting, or on or over
a baited area; and

(C) all turkeys harvested
during the open season must
be registered at designated
check stations within 24
hours of the time of kill.
Harvested turkeys may be
field dressed but must otherwise
remain intact.

(d) In all counties not
listed in subsection (b)
or (c) of this section,
the season is closed for
hunting turkey.

(1) Buchanan Reservoir
in Burnet, Lampasas, Llano
and San Saba counties comprises
all impounded waters of
the Colorado River from
Lake Buchanan dam upstream
to the U.S. Highway 190
bridge.

(2) Caddo Lake in Marion
and Harrison counties comprises
all impounded waters of
Big Cypress Bayou from the
Texas-Louisiana border upstream
to the State Highway 43
bridge.

(3) Canyon Reservoir in
Comal County comprises all
impounded waters of the
Guadalupe River from the
Canyon dam upstream to the
U.S. Highway 281 bridge.

(4) Cooper Lake in Delta
and Hopkins counties comprises
all waters within the Corps
of Engineers lands on Cooper
Lake upstream from State
Highway 19/154 and downstream
from F.M. Road 71.

(5) Gibbons Creek Reservoir
in Grimes County comprises
all impounded waters within
the Texas Municipal Power
Agency property boundaries.

(6) Inks Lake in Burnet
and Llano counties comprises
all impounded waters of
the Colorado River from
the Roy Inks dam (Inks Lake
dam) upstream to the Lake
Buchanan dam.

(7) Lake Conroe in Montgomery
and Walker counties comprises
all impounded waters of
the West Fork of the San
Jacinto River from the Lake
Conroe dam upstream to F.M.
Road 1790 bridge.

(8) Lake Georgetown in
Williamson County comprises
all impounded waters of
the North Fork of the San
Gabriel River from the Lake
Georgetown dam upstream
to U.S. Highway 183 bridge.

(9) Lake Limestone in
Leon, Limestone, and Robertson
counties comprises all impounded
waters of the Navasota River
from the Lake Limestone
dam upstream to the Fort
Parker State Park Lake dam.

(10) Lake Livingston in
Leon, Houston, Madison,
Polk, San Jacinto, Trinity,
and Walker counties comprises
all impounded waters of
the Trinity River from the
Lake Livingston dam upstream
to the lock and dam near
State Highway 7.

(11) Lake Lyndon B. Johnson
in Burnet and Llano counties
comprises all impounded
waters of the Colorado River
from the Alvin Wirtz Dam
(Lake Lyndon B. Johnson
dam) upstream to the Roy
Inks dam (Inks Lake dam)
including the Llano River
upstream to the State Highway
16 bridge and Sandy Creek
upstream to the State Highway
71 bridge.

(13) Lake Murvaul in Panola
County comprises all impounded
waters of Murvaul Creek
Bayou upstream from the
Lake Murvaul dam and Murvaul
Creek Bayou downstream from
the dam to the Farm to Market
Road 1970 bridge.

(18)[(17)] Lake Travis
in Burnet and Travis Counties
comprises all impounded
waters of the Colorado River
from the Mansfield dam (Lake
Travis dam) upstream to
the Max Starcke dam (Lake
Marble Falls dam) including
the Pedernales River upstream
to the Hammetts Crossing-Hamilton
Pool Road bridge.

(19)[(18)] Purtis Creek
State Park Lake in Henderson
and Van Zandt Counties comprises
all waters within the Purtis
Creek State Park boundaries.

(20) [(19)] Toledo Bend
Reservoir in Newton, Sabine,
and Shelby counties comprises
all impounded waters of
the Sabine River from the
Toledo Bend Reservoir Dam
to the U.S. Highway 84 bridge.

§65.72. Fish.

(a) General rules.

(1) There are no public
waters closed to the taking
and retaining of fish, except
as provided in this subchapter.

(2) Game fish may be taken
only by pole and line, except
as provided in this subchapter.

(3) It is unlawful:

(A) to take or attempt
to take, or possess fish
within a protected length
limit, in greater numbers,
by other means, or at any
time or place, other than
as permitted under this
subchapter;

(B) while fishing on or
in public waters to have
in possession fish in excess
of the daily bag limit or
fish within a protected
length limit as established
for those waters;

(C) to land by boat or
person any fish within a
protected length limit,
or in excess of the daily
bag limit or possession
limit established for those
fish;

(D) to use game fish or
any part thereof as bait;

(E) to possess a finfish
of any species, except broadbill
swordfish, shark or king
mackerel, taken from public
water that has the head
or tail removed until such
person finally lands the
catch on the mainland, a
peninsula, or barrier island
not including jetties or
piers and does not transport
the catch by boat;

(F) to use airboats or
jet-driven devices to pursue
and harass or harry fish;
or

(G) to release into the
public waters of this state
a fish with a device or
substance implanted or attached
that is designed, constructed
or adapted to produce an
audible, visual, or electronic
signal used to monitor,
track, follow, or in any
manner aid in the location
of the released fish.

(4) Finfish tags: Prohibited
Acts.

(A) No person may
purchase or use
more finfish (red
drum or tarpon) tags
during a license year
than the number and
type authorized by
the commission, excluding
duplicate tags issued
under Parks and Wildlife
Code, §46.006.

(B) It is unlawful to:

(i) use the same finfish
tag for the purpose of tagging
more than one finfish;

(ii) use a finfish tag
in the name of another person;

(iii) use a tag on a finfish
for which another tag is
specifically required;

(iv) catch and retain
a finfish required to be
tagged and fail to immediately
attach and secure a tag,
with the day and month of
catch cut out, to the finfish
at the narrowest part of
the finfish tail, just ahead
of the tail fin;

(v) have in possession
both a Red Drum Tag and
a Duplicate Red Drum Tag
issued to the same license
or salt water stamp holder;

(vi) have in possession
both a Red Drum Tag or a
Duplicate Red Drum Tag and
a Bonus Red Drum Tag issued
to the same license or salt
water stamp holder;

(vii) have in possession
both an Exempt Red Drum
Tag and a Duplicate Exempt
Red Drum Tag issued to the
same license holder; or

(viii) have in possession
both an Exempt Red Drum
Tag or a Duplicate Exempt
Red Drum Tag and a Bonus
Red Drum Tag issued to the
same holder.

(5) Commercial fishing
seasons.

(A) The commercial seasons
for finfish species listed
in this paragraph and caught
in Texas waters shall run
concurrently with commercial
seasons established for
the same species caught
in federal waters of the
Exclusive Economic Zone
(EEZ).

(B) The commercial fishing
season in the EEZ will be
set by the National Marine
Fisheries Service for:

(i) red snapper under
guidelines established by
the Fishery Management Plan
for Reef Fish Resources
for the Gulf of Mexico;

(ii) king mackerel under
guidelines established by
the Fishery Management Plan
for Coastal Migratory Pelagic
Resources of the Gulf of
Mexico and South Atlantic;
and

(iii) sharks (all species,
their hybrids and subspecies)
under guidelines established
by the Fishery Management
Plan for Highly Migratory
Species).

(C) When federal and/or
state waters are closed,
it will be unlawful to:

(i) purchase, barter,
trade or sell finfish species
listed in this paragraph
landed in this state;

(ii) transfer at sea finfish
species listed in this paragraph
caught or possessed in the
waters of this state; and

(iii) possess finfish
species listed in this paragraph
in excess of the current
recreational bag or possession
limit in or on the waters
of this state.

(1) The possession limit
does not apply to fish in
the possession of or stored
by a person who has an invoice
or sales ticket showing
the name and address of
the seller, number of fish
by species, date of the
sale, and other information
required on a sales ticket
or invoice.

(2) There are no bag,
possession, or length limits
on game or non-game fish,
except as provided in these
rules.

(A) Possession limits
are twice the daily bag
limit on game and non-game
fish except as provided
in these rules.

(B) Statewide daily bag
and length limits shall
be as follows.

Figure: 31 TAC §65.72(b)(2)(B)

Species

Daily
Bag

Minimum
Length (Inches)

Maximum
Length (Inches

Amberjack,
greater.

1

32

No limit

Bass:
Largemouth, smallmouth,
spotted and Guadalupe
bass.

5 (in any combination)

Largemouth
and Smallmouth bass.

14

No limit

Bass,
striped, its hybrids,
and subspecies

5 (in any combination)

18

No limit

Bass,
white

25

10

No limit

Catfish:
channel and blue catfish,
their hybrids, and subspecies

25 (in any combination)

12

No limit

Catfish,
flathead.

5

18

No limit

Catfish,
Gafftopsail.

No limit

14

No limit

Cobia.

2

37

No limit

Crappie:
white and black crappie,
their hybrids, and subspecies.

25 (in any combination)

10

No limit

Drum,
black.

5

14

30

Drum,
red.

3*

20

28*

*Special
Regulation: During a
license year, one red
drum over the stated
maximum length limit
may be retained when
affixed with a properly
executed Red Drum Tag,
a properly executed
Exempt Red Drum Tag
or with a properly executed
Duplicate Exempt Red
Drum Tag and one red
drum over the stated
maximum length limit
may be retained when
affixed with a properly
executed Bonus Red Drum
Tag. Any fish retained
under authority of a
Red Drum Tag, an Exempt
Red Drum Tag, a Duplicate
Exempt Red Drum Tag,
or a Bonus Red Drum
Tag may be retained
in addition to the daily
bag and possession limit
as stated in this section.

Flounder:
all species, their hybrids,
and subspecies.

10*

14

No limit

*Special
Regulation: The daily
bag and possession limit
for the holder of a
valid Commercial Finfish
Fisherman's license
is 60 flounder, except
on board a licensed
commercial shrimp boat.

Grouper,
goliath.

0

Mackerel,
king.

2

27

No limit

Mackerel,
Spanish.

15

14

No limit

Marlin,
blue.

No limit

131

No limit

Marlin,
white.

No limit

86

No limit

Mullet:
all species, their hybrids,
and subspecies.

No limit

No limit

*

*Special
Regulation: During the
period October through
January, no mullet more
than 12 inches in length
may be taken from public
waters or possessed
on board a vessel.

Sailfish

No limit

84

No limit

Saugeye

3

18

No limit

Seatrout,
spotted.

10

15

25*

*Special
Regulation: One spotted
seatrout greater than
25 inches may be retained
per day.

Shark:
all species, their hybrids,
and subspecies

1

24

No limit

Sheepshead.

5

12

No limit

Snapper,
lane.

No limit

8

No limit

Snapper,
red.

4

15

No limit

Snapper,
vermilion.

No limit

10

No limit

Snook.

1

24

28

Tarpon.

0

Catch and release
only*.

*Special
Regulation: One tarpon
80 inches in length
or larger may be retained
during a license year
when affixed with a
properly executed Tarpon
Tag.

Trout:
rainbow and brown trout,
their hybrids, and subspecies.

5 (in any combination)

No limit

No limit

Walleye.

5*

No limit

No limit

*Special
regulation: Two walleye
of less than 16 inches
may be retained per
day.

Catch and release only except that any bass 21 inches or greater in length may be retained in a live well or other aerated holding device and immediately transported to the Purtis Creek or Huntsville State Park, or Gibbons Creek weigh stations. After weighing, the bass must be released immediately back into the lake or donated to the ShareLunker Program.

It is unlawful to retain smallmouth bass between 12 and 15 inches in length.

Bass: spotted

Lake Alan Henry (Garza)

3

18

Lake Toledo Bend (Newton, Sabine and Shelby).

8

12

Possession Limit is 10.

Bass: striped, its hybrids, and subspecies.

Lake Toledo Bend (Newton, Sabine and Shelby).

5

No Limit

No more than 2 striped bass 30 inches or greater in length may be retained each day.

Lake Texoma (Cooke and Grayson).

10 (in any combination)

No Limit

No more than 2 striped or hybrid striped bass 20 inches or greater in length may be retained each day. Striped or hybrid striped bass caught and placed on a stringer, in a live well or any other holding device become part of the daily bag limit and may not be released. Possession limit is 10.

Red River (Grayson) from Denison Dam downstream to and including Shawnee Creek (Grayson).

5 (in any combination)

No Limit

Striped bass caught and placed on a stringer, in a live well or any other holding device become part of the daily bag limit and may not be released.

Lake Possum Kingdom (Palo Pinto, Stephens, Young) and Trinity River (Polk and San Jacinto) from the Lake Livingston dam downstream to the F.M. Road 3278 bridge.

The Trinity River below Lake Livingston in Polk and San Jacinto Counties.

500 (in any combination)

No Limit

Possession Limit 1,000 in any combination.

Trout: Rainbow and brown trout, their hybrids, and subspecies.

Guadalupe River (Comal) from the second bridge crossing on the River Road upstream to the easternmost bridge crossing on F.M. Road 306.

1

18

Walleye.

Lake Texoma (Cooke and Grayson).

5

18

(ii) Bag and possession
limits for black drum and
sheepshead do not apply
to the holder of a valid
Commercial Finfish Fisherman's
License.

(iii) Fish caught in federal
waters in compliance with
a federal fishery management
plan may be landed in Texas.

(iv) The bag limit for
a guided fishing party is
equal to the total number
of persons in the boat licensed
to fish or otherwise exempt
from holding a license minus
each fishing guide and fishing
guide deckhand multiplied
by the bag limit for each
species harvested.

(c) Devices, means and
methods.

(1) In fresh water only,
it is unlawful to fish with
more than 100 hooks on all
devices combined.

(2) In community fishing
lakes, Lake Pflugerville
(Williamson County), and
in sections of rivers lying
totally within the boundaries
of state parks, game and
non-game fish may be taken
by pole and line only.

(3) It is unlawful to take,
attempt to take, or possess
fish caught in public waters
of this state by any device,
means, or method other than
as authorized in this subsection.

(4) In salt water only,
it is unlawful to fish with
any device that is marked
with a buoy made of a plastic
bottle(s) of any color or
size.

(5) Device restrictions.

(A) Cast net. It is unlawful
to use a cast net exceeding
14 feet in diameter.

(i) Only non-game fish
may be taken with a cast
net.

(ii) In salt water, non-game
fish may be taken for bait
purposes only.

(B) Dip net.

(i) It is unlawful to use
a dip net except:

(I) to aid in the landing
of fish caught on other
legal devices; and

(II) to take non-game fish.

(ii) In salt water, non-game
fish may be taken for bait
purposes only.

(C) Gaff.

(i) It is unlawful to use
a gaff except to aid in
landing fish caught by other
legal devices, means or
methods.

(ii) Fish landed with a
gaff may not be below the
minimum, above the maximum,
or within a protected length
limit.

(D) Gig. Only non-game
fish may be taken with a
gig.

(E) Jugline. For use in
fresh water only. Non-game
fish, channel catfish, blue
catfish and flathead catfish
may be taken with a jugline.
It is unlawful to use a
jugline:

(i) with invalid gear tags.
Gear tags must be attached
within six inches of the
free-floating device, are
valid for 30 days after
the date set out, and must
include the number of the
permit to sell non-game
fish taken from freshwater,
if applicable;

(ii) for commercial purposes
that is not marked with
an orange free-floating
device;

(iii) for non-commercial
purposes that is not marked
with a white free-floating
device;

(iv) in Lake Bastrop in
Bastrop County, Bellwood
Lake in Smith County, Lake
Bryan in Brazos County,
Boerne City Park Lake in
Kendall County, Lakes Coffee
Mill and Davy Crockett in
Fannin County, Dixieland
Reservoir in Cameron County,
Gibbons Creek Reservoir
in Grimes County, and Tankersley
Reservoir in Titus County.

(F) Lawful archery equipment.
Only non-game fish may be
taken with lawful archery
equipment or crossbow.

(G) Minnow trap (freshwater
and saltwater).
[For use in fresh water
only.]

(i) Only non-game fish
may be taken with a minnow
trap.

(ii) It is unlawful to
use a minnow trap that exceeds
24 inches in length or with
a throat larger than one
by three inches.

(H) Perch traps. For use
in salt water only.

(i) Perch traps may be
used only for taking non-game
fish.

(ii) It is unlawful
to fish a perch trap that:

(I) exceeds
18 cubic feet in volume;

(II) is not equipped
with a degradable panel.
A trap shall be considered
to have a degradable panel
if one of the following
methods is used in construction
of the trap:

(-a-) the trap
lid tie-down strap is
secured to the trap by
a loop of untreated jute
twine (comparable to Lehigh
brand # 530) or sisal
twine (comparable to Lehigh
brand # 390). The trap
lid must be secured so
that when the twine degrades,
the lid will no longer
be securely closed; or

(-b-) the trap
lid tie-down strap is
secured to the trap by
a loop of untreated steel
wire with a diameter of
no larger than 20 gauge.
The trap lid must be secured
so that when the wire
degrades, the lid will
no longer be securely
closed; or

(-c-) the trap
contains at least one
sidewall, not including
the bottom panel, with
a rectangular opening
no smaller than 3 inches
by 6 inches. Any obstruction
placed in this opening
may not be secured in
any manner except:

(-1-) it may be
laced, sewn, or otherwise
obstructed by a single
length of untreated jute
twine (comparable to Lehigh
brand # 530) or sisal
twine (comparable to Lehigh
brand # 390) knotted only
at each end and not tied
or looped more than once
around a single mesh bar.
When the twine degrades,
the opening in the sidewall
of the trap will no longer
be obstructed; or

(-2-) it may be
laced, sewn, or otherwise
obstructed by a single
length of untreated steel
wire with a diameter of
no larger than 20 gauge.
When the wire degrades,
the opening in the sidewall
of the trap will no longer
be obstructed; or

(-3-) the obstruction
may be loosely hinged
at the bottom of the opening
by no more than two untreated
steel hog rings and secured
at the top of the obstruction
in no more than one place
by a single length of
untreated jute twine (comparable
to Lehigh brand # 530),
sisal twine (comparable
to Lehigh brand # 390),
or by a single length
of untreated steel wire
with a diameter of no
larger than 20 gauge.
When the twine or wire
degrades, the obstruction
will hinge downward and
the opening in the sidewall
of the trap will no longer
be obstructed.

(III)
that is not marked
with a floating
visible orange buoy
not less than
six inches in
height and six
inches in width.
The buoy must
have a gear tag
attached. Gear
tags are valid
for 30 days after
date set out. [Perch traps may
not exceed 18 cubic feet.]

[(iii) Perch
traps must be marked
with floating visible
orange buoy not less
than six inches in height
and six inches in width.
The buoy must have a
gear tag attached. Gear
tags are valid for 30
days after date set
out.]

(I) Pole and line.

(i) Game and non-game
fish may be taken by pole
and line. It is unlawful
to take or attempt to
take fish with one or
more hooks attached to
a line or artificial lure
used in a manner to foul-hook
a fish (snagging or jerking).
A fish is foul-hooked
when caught by a hook
in an area other than
the fish's mouth.

(ii) Game and nongame
fish may be taken by pole
and line. It is unlawful
to take fish with a hand-operated
device held underwater
except that a spear gun
and spear may be used
to take nongame fish.

(iii) Game and
non-game fish may be taken
by pole and line, except
that in the Guadalupe
River in Comal County
from the second bridge
crossing on River Road
upstream to the easternmost
bridge crossing on F.M.
Road 306, rainbow and
brown trout may not be
retained when taken by
any method except artificial
lures. Artificial lures
cannot contain or have
attached either whole
or portions, living or
dead, of organisms such
as fish, crayfish, insects
(grubs, larvae, or adults),
or worms, or any other
animal or vegetable material,
or synthetic scented materials.
This does not prohibit
the use of artificial
lures that contain components
of hair or feathers. It
is an offense to possess
rainbow and brown trout
while fishing with any
other device in that part
of the Guadalupe River
defined in this paragraph.

(J) Purse seine
(net).

(i) Purse seines
may be used only for taking
menhaden, only from that
portion of the Gulf of
Mexico within the jurisdiction
of this state extending
from one-half mile offshore
to nine nautical miles
offshore, and only during
the period of time beginning
the third Monday in April
through the first day
in November each year.

(ii) Purse seines
used for taking menhaden
may not be used within
one mile of any jetty
or pass.

(iii) The purse
seine, not including the
bag, shall not be less
than three-fourths inch
square mesh.

(K) Sail line.
For use in salt water
only.

(i) Non-game fish,
red drum, spotted seatrout,
and sharks may be taken
with a sail line.

(ii) Line length
shall not exceed 1,800
feet from the reel to
the sail.

(iii) The sail
and most shoreward float
must be a highly visible
orange or red color. All
other floats must be yellow.

(iv) No float on
the line may be more than
200 feet from the sail.

(v) A weight of
not less than one ounce
shall be attached to the
line not less than four
feet or more than six
feet shoreward of the
last shoreward float.

(vi) Reflectors
of not less than two square
inches shall be affixed
to the sail and floats
and shall be visible from
all directions for sail
lines operated from 30
minutes after sunset to
30 minutes before sunrise.

(vii) There is
no hook spacing requirement
for sail lines.

(viii) No more
than one sail line may
be used per fisherman.

(ix) Sail lines
may not be used by the
holder of a commercial
fishing license.

(x) Sail lines
must be attended at all
times the line is fishing.

(xi) Sail lines
may not have more than
30 hooks and no hook may
be placed more than 200
feet from the sail.

(L) Seine.

(i) Only non-game
fish may be taken with
a seine.

(ii) It is unlawful
to use a seine:

(I) which is not
manually operated.

(II) with mesh
exceeding 1/2-inch square.

(III) that exceeds
20 feet in length.

(iii) In salt water,
non-game fish may be taken
by seine for bait purposes
only.

(M) Shad trawl.
For use in fresh water
only.

(i) Only non-game
fish may be taken with
a shad trawl.

(ii) It is unlawful
to use a shad trawl longer
than six feet or with
a mouth larger than 36
inches in diameter.

(iii) A shad trawl
may be equipped with a
funnel or throat and must
be towed by boat or by
hand.

(N) Spear. Only
non-game fish may be taken
with a spear.

(O) Spear gun.
Only non-game fish may
be taken with spear gun.

(P) Throwline.
For use in fresh water
only.

(i) Non-game fish,
channel catfish, blue
catfish and flathead catfish
may be taken with a throwline.

(ii) It is unlawful
to use a throwline in
Lake Bastrop in Bastrop
County, Bellwood Lake
in Smith County, Lake
Bryan in Brazos County,
Boerne City Park Lake
in Kendall County, Lakes
Coffee Mill and Davy Crockett
in Fannin County, Dixieland
Reservoir in Cameron County,
Gibbons Creek Reservoir
in Grimes County, and
Tankersley Reservoir in
Titus County.

(Q) Trotline.

(i) Non-game fish,
channel catfish, blue
catfish, and flathead
catfish may be taken by
trotline.

(ii) It is unlawful
to use a trotline:

(I) with a mainline
length exceeding 600 feet;

(II) with invalid
gear tags. Gear tags must
be attached within three
feet of the first hook
at each end of the trotline
and are valid for 30 days
after date set out, except
on saltwater trotlines,
a gear tag is not required
to be dated;

(III) with hook
interval less than three
horizontal feet;

(IV) with metallic
stakes; or

(V) with the main
fishing line and attached
hooks and stagings above
the water's surface.

(iii) In fresh
water, it is unlawful
to use a trotline:

(I) with more than
50 hooks;

(II) in Gibbons
Creek Reservoir in Grimes
County, Lake Bastrop in
Bastrop County, Lakes
Coffee Mill and Davy Crockett
in Fannin County, Fayette
County Reservoir in Fayette
County, Pinkston Reservoir
in Shelby County, Lake
Bryan in Brazos County,
Bellwood Lake in Smith
County, Dixieland Reservoir
in Cameron County, Boerne
City Park Lake in Kendall
County, and Tankersley
Reservoir in Titus County.

(iv) In salt water:

(I) it is unlawful
to use a trotline:

(-a-) in or on
the waters of the Gulf
of Mexico within the jurisdiction
of this state;

(-b-) from which
red drum, sharks or spotted
seatrout caught on the
trotline are retained
or possessed;

(-c-) placed closer
than 50 feet from any
other trotline, or set
within 200 feet of the
edge of the Intracoastal
Waterway or its tributary
channels. No trotline
may be fished with the
main fishing line and
attached hooks and stagings
above the water's surface;

(-d-) baited with
other than natural bait,
except sail lines;

(-e-) with hooks
other than circle-type
hook with point curved
in and having a gap (distance
from point to shank) of
no more than one-half
inch, and with the diameter
of the circle not less
than five-eighths inch.
Sail lines are excluded
from the restrictions
imposed by this clause;
or

(-f-) in Aransas
County in Little Bay and
the water area of Aransas
Bay within one-half mile
of a line from Hail Point
on the Lamar Peninsula,
then direct to the eastern
end of Goose Island, then
along the southern shore
of Goose Island, then
along the causeway between
Lamar Peninsula and Live
Oak Peninsula, then along
the eastern shoreline
of the Live Oak Peninsula
past the town of Fulton,
past Nine-Mile Point,
past the town of Rockport
to a point at the east
end of Talley Island,
including that part of
Copano Bay within 1,000
feet of the causeway between
Lamar Peninsula and Live
Oak Peninsula.

(II) No trotline
or trotline
components, including
lines and hooks,
but excluding
poles, may be
left in or on
coastal waters
between the hours
of 1 p.m. on Friday
through 1:00 p.m.
on Sunday of each
week, except that
attended sail
lines are excluded
from the restrictions
imposed by this
clause. Under
the authority
of the Texas Parks
and Wildlife Code, §66.206(b),
in the event
small craft advisories
or higher marine
weather advisories
issued by the
National Weather
Service are in
place at 8:00
a.m. on Friday,
trotlines may
remain in the
water until 6:00
p.m. on Friday.
If small craft
advisories are
in place at 1:00
p.m. on Friday,
trotlines may
remain in the
water until Saturday.
When small craft
advisories are
lifted by 8:00
a.m. on Saturday,
trotlines must
be removed by
1:00 p.m. on Saturday.
When small craft
advisories are
lifted by 1:00
p.m. on Saturday,
trotlines must
be removed by
6:00 p.m. on Saturday.
When small craft
advisories or
higher marine
weather advisories
are still in place
at 1:00 p.m. on
Saturday, trotlines
may remain in
the water through
1:00 p.m. on Sunday.
It is a violation
to tend, bait,
or harvest fish
or any other aquatic
life from trotlines
during the period
that trotline
removal requirements
are suspended
under this provision
for adverse weather
conditions. For
purposes of enforcement,
the geographic
area customarily
covered by marine
weather advisories
will be delineated
by department
policy.

(III) It is unlawful
to fish for commercial
purposes with:

(-a-) more than
20 trotlines at one time;

(-b-) any trotline
that is not marked with
yellow flagging attached
to stakes or with a floating
yellow buoy not less than
six inches in height,
six inches in length,
and six inches in width
attached to end fixtures;

(-c-) any trotline
that is not marked with
yellow flagging attached
to stakes or with a yellow
buoy bearing the commercial
finfish fisherman's license
plate number in letters
of a contrasting color
at least two inches high
attached to end fixtures;

(-d-) any trotline
that is marked with yellow
flagging or with a buoy
bearing a commercial finfish
fisherman's license plate
number other than the
commercial finfish fisherman's
license plate number displayed
on the finfish fishing
boat;

(IV) It is unlawful
to fish for non-commercial
purposes with:

(-a-) more than
1 trotline at any time;
or

(-b-) any trotline
that is not marked with
a floating yellow buoy
not less than six inches
in height, six inches
in length, and six inches
in width, bearing a two-inch
wide stripe of contrasting
color, attached to end
fixtures.

(R) Umbrella net.

(i) Only non-game
fish may be taken with
an umbrella net.

(ii) It is unlawful
to use an umbrella net
with the area within the
frame exceeding 16 square
feet.

§65.78. Crabs
and Ghost Shrimp.

(a) Bag, possession
and size limits.

(1) It is unlawful
while fishing on public
waters to have in possession
crabs or ghost shrimp
in excess of the daily
bag limit as established
for those waters.

(2) There are no
bag, possession, or size
limits on crabs or ghost
shrimp except as provided
in these rules.

(3) It is unlawful
to:

(A) possess egg-bearing
(sponge) crabs or stone
crabs;

(B) possess blue
crabs less than five inches
in width (measured across
the widest point of the
body from tip of spine
to tip of spine) except
that not more than 5.0%,
by number, of undersized
crabs may be possessed
for bait purposes only,
if placed in a separate
container at the time
of taking;

(C) remove or possess
the left claw from a stone
crab (each retained claw
must be at least 2-1/2
inches long as measured
from the tip of the immovable
claw to the first joint
behind the claw);

(D) fail to return
immediately a stone crab
to the waters where caught;

(E) buy or sell
a female crab that has
its abdominal apron detached;
or

(b) Seasons. There
are no closed seasons
for the taking of crabs,
except as listed within
this section.

(c) Closed Crab
Trap Season: It is unlawful
to place, fish, or leave
a crab trap or crab trap
component in the coastal
waters of the state from
the third Friday in February
for 10 consecutive days.

(d) Places. There
are no places closed for
the taking of crabs, except
as listed within this
section.

(e) Devices, means
and methods.

(1) It is unlawful
to take, attempt to take,
or possess crabs caught
by devices, means, or
methods other than as
authorized in this subchapter.

(2) Only the following
means and methods may
be used for taking crabs:

(A) Crab line.
It is unlawful to fish
a crab line for commercial
purposes that is not marked
with a floating white
buoy not less than six
inches in height, six
inches in length and six
inches in width bearing
the commercial crab fisherman's
license plate number in
letters of a contrasting
color at least two inches
high attached to the end
fixtures.

(B) Folding panel
trap.

(i) Only crabs
may be taken with a folding
panel trap.

(ii) It is unlawful
to use a folding panel
trap with an overall surface
area, including panels,
exceeding 16 square feet.

(C) Crab trap.
It is unlawful to:

(i) fish for commercial
purposes under authority
of a commercial crab fisherman's
license with more than
200 crab traps at one
time;

(ii) fish for commercial
purposes under authority
of a commercial finfish
fisherman's license with
more than 20 crab traps
at one time;

(iii) fish for
non-commercial purposes
with more than six crab
traps at one time;

(iv) fish a crab
trap in the fresh waters
of this state;

(v) fish a crab
trap that:

(I) exceeds 18
cubic feet in volume;

(II) is not equipped
with at least two escape
vents (minimum 2-3/8 inches
inside diameter) in each
crab-retaining chamber,
and located on the outside
trap walls of each chamber;
and

(III) is not equipped
with a degradable panel.
A trap shall be considered
to have a degradable panel
if one of the following
methods is used in construction
of the trap:

(-a-) the trap
lid tie-down strap is
secured to the trap by
a loop of untreated jute
twine (comparable to Lehigh
brand # 530) or sisal
twine (comparable to Lehigh
brand # 390). The trap
lid must be secured so
that when the twine degrades,
the lid will no longer
be securely closed; or

(-b-) the trap
lid tie-down strap is
secured to the trap by
a loop of untreated steel
wire with a diameter of
no larger than 20 gauge.
The trap lid must be secured
so that when the wire
degrades, the lid will
no longer be securely
closed; or

(-c-) the trap
contains at least one
sidewall, not including
the bottom panel, with
a rectangular opening
no smaller than 3 inches
by 6 inches. Any obstruction
placed in this opening
may not be secured in
any manner except:

(-1-) it may be
laced, sewn, or otherwise
obstructed by a single
length of untreated jute
twine (comparable to Lehigh
brand # 530) or sisal
twine (comparable to Lehigh
brand # 390) knotted only
at each end and not tied
or looped more than once
around a single mesh bar.
When the twine degrades,
the opening in the sidewall
of the trap will no longer
be obstructed; or

(-2-) it may be
laced, sewn, or otherwise
obstructed by a single
length of untreated steel
wire with a diameter of
no larger than 20 gauge.
When the wire degrades,
the opening in the sidewall
of the trap will no longer
be obstructed; or

(-3-) the obstruction
may be loosely hinged
at the bottom of the opening
by no more than two untreated
steel hog rings and secured
at the top of the obstruction
in no more than one place
by a single length of
untreated jute twine (comparable
to Lehigh brand # 530),
sisal twine (comparable
to Lehigh brand # 390),
or by a single length
of untreated steel wire
with a diameter of no
larger than 20 gauge.
When the twine or wire
degrades, the obstruction
will hinge downward and
the opening in the sidewall
of the trap will no longer
be obstructed.

(vi) fish a crab
trap for commercial purposes
under authority of a commercial
crab fisherman's license:

(I) that is not
marked with a floating
white buoy not less than
six inches in height,
six inches in length,
and six inches in width
attached to the crab trap;

(II) that is not
marked with a white buoy
bearing the commercial
crab fisherman's license
plate number in letters
of a contrasting color
at least two inches high
attached to the crab trap;

(III) that is marked
with a buoy bearing a
commercial crab fisherman's
license plate number other
than the commercial crab
fisherman's license plate
number displayed on the
crab fishing boat;

(vii) fish a crab
trap for commercial purposes
under authority of a commercial
finfish fisherman's license:

(I) that is not
marked with a floating
white buoy not less than
six inches in height,
six inches in length,
and six inches in width
attached to the crab trap;

(II) that is not
marked with a white buoy
bearing the letter 'F'
and the commercial finfish
fisherman's license plate
number in letters of a
contrasting color at least
two inches high attached
to the crab trap;

(III) that is marked
with a buoy bearing a
commercial finfish fisherman's
license plate number other
than the commercial finfish
fisherman's license plate
number displayed on the
finfish fishing boat;

(viii) fish a crab
trap for non-commercial
purposes without a floating
white buoy not less than
six inches in height,
six inches in length,
and six inches in width,
bearing a two-inch wide
center stripe of contrasting
color, attached to the
crab trap;

(ix) fish a crab
trap in public salt waters
without a valid gear tag.
Gear tags must be attached
within 6 inches of the
buoy and are valid for
30 days after date set
out.

(x) fish a crab
trap within 200 feet of
a marked navigable channel
in Aransas County; and
in the water area of Aransas
Bay within one-half mile
of a line from Hail Point
on the Lamar Peninsula,
then direct to the eastern
end of Goose Island, then
along the southern shore
of Goose Island, then
along the eastern shoreline
of the Live Oak Peninsula
past the town of Fulton,
past Nine Mile Point,
past the town of Rockport
to a point at the east
end of Talley Island including
that part of Copano Bay
within 1,000 feet of the
causeway between Lamar
Peninsula and Live Oak
Peninsula or possess,
use or place more than
three crab traps in waters
north and west of Highway
146 where it crosses the
Houston Ship Channel in
Harris County;

(xi) remove crab
traps from the water or
remove crabs from crab
traps during the period
from 30 minutes after
sunset to 30 minutes before
sunrise;

(xii) place a crab
trap or portion thereof
closer than 100 feet from
any other crab trap, except
when traps are secured
to a pier or dock;

(xiii) fish a crab
trap in public waters
that is marked with a
buoy made of a plastic
bottle(s) of any color
or size; or

(xiv) use or place
more than three crab traps
in public waters of the
San Bernard River north
of a line marked by the
boat access channel at
Bernard Acres.

(C) Sand pump.
It is unlawful for any
person to use a sand pump:

(i) that is not
manually operated; or

(ii) for commercial
purposes.

(D) Other devices.
Devices legally used for
taking fresh or salt water
fish or shrimp may be
used to take crab if operated
in places and at times
authorized by a proclamation
of the Parks and Wildlife
Commission or the Parks
and Wildlife Code.

§65.82. Other
Aquatic Life.

(a) It is unlawful
for a person to knowingly
take, kill, or disturb
sea turtles or sea turtle
eggs in or from the waters
of the State of Texas.

(b) There is no
open season on porpoises,
dolphins (mammals), and
whales.

(c) Any other aquatic
life (except threatened
and endangered species)
not addressed in this
subchapter may be taken
only by
hand or with the
devices defined as lawful
for taking fish, crabs,
oysters, or shrimp in
places and at times as
provided by proclamations
of the Parks and Wildlife
Commission and the Parks
and Wildlife Code.

This agency hereby
certifies that the proposal
has been reviewed by legal
counsel and found to be
within the agency’s
authority to adopt.

I.
EXECUTIVE SUMMARY: This
item briefs the committee
on the status of department
efforts to gain consensus
with respect to implementation
of legislative actions affecting
the control of surplus deer
in political subdivisions.

II.
DISCUSSION: Passage
of Senate Bill 1582 by the
78th Texas Legislature authorized
Texas Parks and Wildlife
Department to permit political
subdivisions and property
owners’ associations
to trap and transport white-tailed
deer to a location specified
by the department and for
a purpose determined by
the department. The Commission
adopted Trap, Transport
and Process Permit rules
to implement the provisions
of Senate Bill 1582 at the
August 28, 2003 Commission
Meeting. At the Regulations
Committee and Commission
Meetings, staff advised
the Commission of comments
received from constituents
expressing concern that
the proposed and subsequently
adopted rules do not fully
implement the provisions
of Senate Bill 1582. Staff
presented this issue to
the White-tailed Deer Advisory
Committee (WTDAC) for review
in September 2003 and January
2004 and will present the
WTDAC opinion in the form
of a position statement.
Staff will also apprise
the Committee of any other
developments or issues of
interest discussed during
the WTDAC meetings.

Regulations
Committee
Rule Review
January 2004

I.
EXECUTIVE SUMMARY: HB
2957 of the 76th Legislature,
Regular Session, 1997 requires
state agencies to review
each rule under its jurisdiction
at least once every four
years.

A state agency’s
review of a rule must include
an assessment of whether
the reasons for initially
adopting the rule continue
to exist. Under the requirements
of this statute, this agency
must now review Chapters
55 Law Enforcement, 58 Shrimp
and Oysters, Subchapter
A Oyster Fishery Proclamation,
52 Wildlife and Fisheries
and 65 Wildlife.

With Commission approval,
the agency will publish
a Notice of Intent to Review
for public comment in the
Texas Register.